The field of data law is in a period of emergence, one where there are different proposals in terms of hard law as well as soft law, and also in terms of ethical and governance models that are being proposed to regulate the digital world. With the fundamentals of data law continuing to be determined, discussing them in a manner that is global in nature, requires studying  how different locations influence and shape the making and realizing of law and regulation. With the increased globalization and circulation of legal norms and ideas, of particular importance is the need to situate global data law within the continued coloniality of the circulation of legal knowledge and models from the global Minority to the global Majority. This chapter discusses lessons from International Environmental Law for Global Data Law. We begin by arguing for why International Environmental Law is a useful field of comparison through undertaking a demand-based approach to the regulation of data. The paper focusses on different points in the lifecycle of data where intervention is necessary, in particular, through an examination of how to think about the mitigation of harms, the allocation of responsbility, and the articulation of rights.

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Three Ideas for Data Law from Environmental Law: Harm, Responsibility, and Rights

  • Siddharth Peter de Souza,
  • Gargi Sharma

摘要

The field of data law is in a period of emergence, one where there are different proposals in terms of hard law as well as soft law, and also in terms of ethical and governance models that are being proposed to regulate the digital world. With the fundamentals of data law continuing to be determined, discussing them in a manner that is global in nature, requires studying  how different locations influence and shape the making and realizing of law and regulation. With the increased globalization and circulation of legal norms and ideas, of particular importance is the need to situate global data law within the continued coloniality of the circulation of legal knowledge and models from the global Minority to the global Majority. This chapter discusses lessons from International Environmental Law for Global Data Law. We begin by arguing for why International Environmental Law is a useful field of comparison through undertaking a demand-based approach to the regulation of data. The paper focusses on different points in the lifecycle of data where intervention is necessary, in particular, through an examination of how to think about the mitigation of harms, the allocation of responsbility, and the articulation of rights.